As promised, I am posting the comments I submitted. But as they are particular to me, I found another articulate but briefer comment to share as a sample. Those who wish to submit a comment may adapt from or use one of these samples. Or you may simply fill out the HRC form and submit that. I am finally trying to post a simple easy to follow one page guide. You can post as anonymous rather than use your name. First the comments, then the links. The deadline is November 9. I urge all to consider submitting a comment.
My comment:
I commend HHS for its
Proposed Rule to implement Section 1557 of the Affordable Care Act and
urge its adoption. I specifically concur with the proposal's
prohibition of discrimination based on gender status, gender
nonconformity, or against persons who identify as transgender or
transitioning.
With respect to discrimination based on sexual
orientation, I commend HHS for its commitment to address this important
issue as much as I recognize the barriers presented by case law to date
and the omission of any specific reference to sexual orientation
discrimination in the ACA.
I urge OCR to continue to follow case
law, to track if possible instances or documentation of sexual
orientation discrimination, and to consider publishing a guidance for
covered entities on best practices for ensuring nondiscriminatory
services and treatment for persons who identify as lesbian, gay, or
bisexual.
Ultimately, I believe the issue of discrimination based
on sexual orientation is best addressed universally once and for all by
adding the term sexual orientation to the Civil Rights Act of 1964. I
believe that objections to this are not as strong as in prior decades
and civil rights advocates for many covered bases of discrimination are
more cooperative and aligned than ever. Perhaps HHS could could consult
with DOJ for DOJ/Civil Rights Division to consider convening a
conference of a broad range of civil rights advocates to consider
proposing legislation that would do just that and could result in
advocates working together to achieve a common goal.
Getting back
to the ACA, the current state of case law and federal legislation
regarding religious exemptions is beyond my understanding. I would
simply urge that HHS adopt the strongest possible language to prohibit
religious-based exemptions from prohibitions of discriminatory denial of
and access to treatment and health care services.
In my
experience of many years as an EOS for OCR, now retired, I saw much
evidence of discrimination against gays and transgenders that OCR could
not address. I am aware of even more through the personal experience of
friends, acquaintances and community members throughout my life. Only
yesterday I learned through social media of a friend's experience as a
health care provider at a private non profit federally funded health
clinic in Fresno. She had to demonstrate to other employees how to
treat and serve with respect and dignity a patient seeking Hormone
Replacement Therapy from the initial interaction of inquiring how or by
which name the patient wished to be addressed through interactions with
varying service providers at this clinic. Fortunately, this employee
was aware of how to provide nondiscriminatory access and treatment to
this patient but so many providers lack this capability.
Another comment from anonymous I found brief, succinct and to the point, a good example:
As a person of deep faith who believes that all of us no matter our
sexual orientation or gender identity are beloved and deserve access to
quality healthcare, and, as an OUT gay man for the past 33 years, I am
writing in support of the Department of Health and Human Services Notice
of Proposed Rulemaking on Nondiscrimination in Health Programs and
Activities.
I applaud the Department for establishing that the
prohibition on sex discrimination in Section 1557 of the Affordable Care
Act includes discrimination based on gender identity. Additionally I
urge the Department to prohibit discrimination based on sexual
orientation in the final rule. Further, I urge the department to refrain
from including a religious exemption in the final rule-to include such
an exemption is not only unnecessary, but could do significant harm.
to submit a comment go here:
http://www.regulations.gov/#!docketDetail;D=HHS-OCR-2015-0006
click on comment now; for more information, see the other links I provided in the earlier blog posts.
or go here to submit your comment through Human Rights Campaign
https://secure3.convio.net/hrc/site/Advocacy?cmd=display&page=UserAction&id=2249&s_src=FY16_ma_OCT_FBK_Healthcare_Healthcare-1-10153748901688281_78656082&utm_source=FY16_ma_OCT_FBK_Healthcare&utm_medium=AD&utm_campaign=Healthcare&utm_content=Healthcare-1-10153748901688281_78656082
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